National Labor Relations Board v. Whitesell Corp.

SHEPHERD, Circuit Judge.

The National Labor Relations Board (“NLRB” or “the Board”) petitions for enforcement of its order finding that Whitesell Corporation (“Whitesell”) violated various provisions of the National Labor Relations Act (“NLRA”),'29 U.S.C. §§ 151-69, while negotiating a new collective-bargaining agreement (“CBA”) with the Glass, Molders, Pottery, Plastics, and Allied Workers International Union, AFL-CIO (“Union”). Whitesell opposes enforcement on the ground that the NLRB lacked jurisdiction to enter a “new” decision following this court’s denial of the NLRB’s prior application…